MEMORANDUM OF CONSIDERATION

	IN THE CASE OF: 

	BOARD DATE:  8 September 1999
	DOCKET NUMBER:   AR1999014974

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Loren G. Harrell		Director	
	Mr. Theodore G. Heartley		Analyst	

  The following members, a quorum, were present:

	Mr. Fred K. McCoy		Chairperson	
	Ms. Karen L. Wolff		Member	
	Mr. Orville W. Troesch, Jr.		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  In effect, that his records be corrected to show that he was retired in the rank of master sergeant (MSG) pay grade E-8, his highest grade held, instead of sergeant first class (SFC) pay grade E-7.

APPLICANT STATES:  In effect, that the 1983 MSG selection board selected him for promotion to MSG and his name and sequence number appeared in the Army Times in 1984, however, he retired on 28 February 1985 in the rank of SFC.  He further states that he earned his promotion to MSG and that his records should be corrected to show his promotion to the next higher grade.

EVIDENCE OF RECORD:  The applicant's military records show:

He entered active duty in the Regular Army on 13 August 1968.  He served continuously on active duty through a series of 5 reenlistments; 5 overseas tours of duty including two in Germany and one each in Hawaii, Korea, and Vietnam; and a stateside tour of duty each at Fort Huachuca, Arizona, Sacramento, California, and Presidio of San Francisco, California.  He was promoted to SFC on 1 September 1979.

In 1978, he participated in medical evaluation board (MEB) and physical evaluation board (PEB) proceedings that presented a diagnosis of tuberculoid leprosy.  This condition was not considered acute and he was successfully treated.  His condition improved and on 17 January 1979, a PEB found him fit for retention on active duty.

On 27 August 1984, a bar to reenlistment was imposed against him by his commanding general, a major general, for general disrespect for authority; being disrespectful and belligerent to senior NCOs; insulting civilian and volunteer community workers; writing bad checks; and being a discipline problem which affected unit morale.  The bar to reenlistment action was precipitated by his misconduct for being drunk and disorderly in a public place on 19 July 1984.

On 23 November 1984, MEB proceedings indicated a diagnosis of bipolar disorder, mixed, acute, treated, and improved complicated by a mixed personality disorder, with passive-aggressive and avoidance features, and acute, severe alcohol abuse.  The MEB noted a previous medical history that included 6-month hospitalization for depression and a long history of alcohol use dating back to the start of his military service.  The MEB recommended that he be referred to a PEB; that he continue outpatient psychiatric therapy; and that he be medically retired from the service.

A Department of the Army, U.S. Military Personnel Center order dated 12 December 1984, indicated that his promotion to MSG on 24 October 1984, was revoked due to his bar to reenlistment.

On 14 December 1984, PEB proceedings indicated that his medical condition, supported by medical documentation, was sufficient evidence of physical unfitness; that he be placed on the temporary disability retired list (TDRL) with a 30% disability rating; and that his next reexamination occur in June 1986.

On 1 March 1985, he was placed on the TDRL in the rank of SFC with a 30% disability rating.  At the time of his entry on the TDRL, he had completed 
16 years, 6 months and 16 days of creditable service.

On 8 August 1986, a second PEB determined that his condition had not improved sufficiently to be considered fit for duty; and that his condition had stabilized at a degree of severity to warrant his permanent retirement from the service with a disability rating of 30%.

On 25 November 1986, he was placed on the permanent disability retired list with a 30% disability rating.

Title 10 United States Code section 3964 provides, in pertinent part, that an enlisted member of the Regular Army who is retired with less than 30 years of active service, is entitled when his active service plus service on the retired list totals 30 years to be advanced on the retired list to the highest grade in which he served on active duty satisfactorily as determined by the Secretary of the Army.  Section 3992 of Title l0 United States Code entitles an enlisted member of the Army, who is advanced on the retired list under section 3964, to recomputation of his retired pay based on that advancement.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  The Board concludes that the evidence of record clearly indicates that his promotion to master sergeant was revoked due to his bar to reenlistment which was in effect at the time of his placement on the temporary disability retired list in the rank of sergeant first class on 1 March 1985, and remained in effect throughout his physical disability evaluation processing and placement on the permanent disability retired list on 25 November 1986. 

2.  There was nothing in the evidence of record or evidence submitted by him to indicate that his bar to reenlistment was withdrawn or that his promotion to master sergeant was reinstated.  Therefore, his highest rank held during his military service was sergeant first class and no basis exists to correct his records by showing he was retired in the rank of master sergeant.

3. In order to justify correction of a military record, the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy the aforementioned requirement.

4.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__FM___  ___KW__  ___OT___  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999014974	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990908	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19850228	
DISCHARGE AUTHORITY	TITLE 10, USC, SECTION 1202/1372	
DISCHARGE REASON	TDRL	
BOARD DECISION	( DENY)	
REVIEW AUTHORITY	131	
ISSUES         1.		
2.		
3.		
4.		
5.		
6.